SB 7062 First Engrossed (ntc)
20247062e1
1 A bill to be entitled
2 An act relating to public records; amending s. 741.29,
3 F.S.; providing a public records exemption for certain
4 information pertaining to a lethality assessment
5 administered by a trained law enforcement officer;
6 providing for future legislative review and repeal of
7 the exemption; providing a statement of public
8 necessity; providing a contingent effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (g) is added to subsection (2) of
13 section 741.29, Florida Statutes, as created by SB 638, 2024
14 Regular Session, to read:
15 741.29 Domestic violence; investigation of incidents;
16 notice to victims of legal rights and remedies; reporting.—
17 (2) The department shall consult with the Department of
18 Children and Families and at least one domestic violence
19 advocacy organization and may consult with the Florida Sheriffs
20 Association, the Florida Police Chiefs Association, and the
21 Florida Partnership to End Domestic Violence to develop the
22 policies, procedures, and training necessary for implementation
23 of a statewide evidence-based lethality assessment. Such
24 policies, procedures, and training must establish how to
25 determine whether a victim and aggressor are intimate partners
26 and establish a statewide process for referring a victim to a
27 certified domestic violence center. By January 1, 2025, the
28 department must adopt a statewide lethality assessment form that
29 includes all the information in paragraph (c). Training on how
30 to administer a lethality assessment and the approved lethality
31 assessment form must be accessible to a law enforcement officer
32 in an online format.
33 (g) A lethality assessment form that contains a victim’s
34 information and responses to the lethality assessment is
35 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
36 of the State Constitution. This paragraph is subject to the Open
37 Government Sunset Review Act in accordance with s. 119.15 and
38 shall stand repealed on October 2, 2029, unless reviewed and
39 saved from repeal through reenactment by the Legislature.
40 Section 2. The Legislature finds that it is a public
41 necessity that a lethality assessment form that contains a
42 victim’s information and responses to the lethality assessment
43 be made confidential and exempt from s. 119.07(1), Florida
44 Statutes, and s. 24(a), Article I of the State Constitution. The
45 Legislature finds that the release of information included on a
46 lethality assessment form could subject victims of domestic
47 violence to an increased risk of abuse. Such information
48 contained on a lethality assessment form is sensitive in nature.
49 The Legislature further finds that such victims are more likely
50 to participate in a lethality assessment if such form is
51 protected from public disclosure. The Legislature finds that the
52 harm that may result from the release of such information
53 outweighs the public benefit that may be derived from the
54 disclosure of the information.
55 Section 3. This act shall take effect on the same date that
56 SB 638 or similar legislation takes effect, if such legislation
57 is adopted in the same legislative session or an extension
58 thereof and becomes a law.